Article by Law Offices Of Steven P. Monaghan
Filing for divorce can be one of the most complex and challenging times in a person’s life. It can not only have a long lasting effect on all members of the family, but can also be an expensive process. By working with a divorce attorney, the process can be made much simpler.
In the state of New Jersey, along with many other areas in the country, the difference between contested divorce and uncontested divorce is defined simply as follows:
A contested divorce is a type of separation process in which both parties in the relationship have much difficulty coming to mutual decisions regarding pivotal matters in the divorce. These matters often include child custody, property and asset division, debt division, alimony, child support and even the divorce itself.
An uncontested divorce is sought when the separating couple chooses to get a divorce but has reached mutual decisions on many of the most important aspects, including child custody and property division. With an uncontested divorce, a couple may be capable of settling the entire case outside of court.
While divorce is an emotionally exhausting and frustrating process, having a divorce lawyer can better the process and make it easier for the entire family. When children are involved, the divorce process is often much more complex, and the children’s best interests must always be taken into account.
Defined more in depth, contested divorce, a much costlier form of divorce, often takes a long time, and may involve heated arguments and days without speaking. This type of divorce may affect the children negatively in the long run, harming them and possibly giving them a negative outlook on marriage. Additionally, nearly all contested divorce cases are forced to go to family court, where a judge will hear the case and make a ruling based on the information provided. When an attorney is present for one or both parties, they may be able to create a stronger case for their client, pushing for custody, to retain a property, or for any other types of favorable verdicts. In this type of divorce, the process can be dragged out over many months, and will most likely take much longer than an uncontested divorce.
Uncontested divorce, on the other hand, is viewed as a healthier form of separation, especially when it involves children. Children will have the opportunity to see their parents working cohesively to reach decisions regarding aspects of the divorce. While they may or may not understand what is actually occurring, they will see a calmer and more peaceful resolution to the argument.
It is estimated that a vast majority of divorce cases are considered “uncontested.” Many uncontested divorce cases also offer the opportunity of divorce mediation, a process in which a mediator speaks between both parties to reach mutual agreements outside of a family court room. This process, also referred to as alternative dispute resolution, can be the least expensive and least aggressive form of divorce or separation. During divorce mediation, a third party mediator will offer or suggest reasonable settlements for the separating couple, and the couple will decide on their own whether they will choose the suggested route. A mediator, though, cannot force a couple to settle upon any part of the divorce, and if a decision cannot be reached, they must take their case to court.
Divorce, both contested and uncontested, is a complicated legal process that should not be sought without experienced legal help and advice. Having your rights protected and the best interests of your children kept in mind will prove to be some of the most important aspects of your divorce case. For more information about contested divorce and uncontested divorce, speak to a divorce lawyer today.
The Law Offices of Steven P. Monaghan is a New Jersey family law and divorce law firm that practices exclusively in this area of the law. With extensive experience in all family law matters, the legal team understands that filing for divorce, seeking custody of your children and fighting to enforce a court order can all be difficult. The attorneys at the office are prepared to help you understand your rights, the options you have and how to deal with the matters at hand. If you are seeking divorce in the state of New Jersey, do not hesitate to call their law firm today. For a free consultation of your family law case, contact a New Jersey divorce attorney.
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